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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Planning and Development Amendment
Bill 2022
Contents
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Section 269 amended 2
5. Section 271 amended 2
6. Section 272 amended 3
7. Section 273 amended 4
8. Section 274 amended 4
9. Section 278 amended 5
10. Section 279 amended 5
11. Section 280 amended 6
12. Section 284 amended 7
13. Part 19 heading amended 7
14. Part 19 Division 1 heading inserted 7
Division 1 -- Provisions for Planning and
Development Amendment Act 2020
15. Part 19 Division 2 inserted 8
Division 2 -- Provisions for Planning and
Development Amendment Act 2022
295. Amendments to development approvals 8
296. Fees 8
69--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Planning and Development Amendment
Bill 2022
A Bill for
An Act to amend the Planning and Development Act 2005.
The Parliament of Western Australia enacts as follows:
page 1
Planning and Development Amendment Bill 2022
s. 1
1 1. Short title
2 This is the Planning and Development Amendment Act 2022.
3 2. Commencement
4 This Act comes into operation as follows --
5 (a) sections 1 and 2 -- on the day on which this Act
6 receives the Royal Assent;
7 (b) the rest of the Act -- on the day after that day.
8 3. Act amended
9 This Act amends the Planning and Development Act 2005.
10 4. Section 269 amended
11 In section 269(1) insert in alphabetical order:
12
13 extended recovery period means the period that --
14 (a) begins when the Planning and Development
15 Amendment Act 2022 section 4 comes into
16 operation; and
17 (b) ends immediately before 5 pm on
18 29 December 2023;
19
20 5. Section 271 amended
21 (1) In section 271 delete "During" and insert:
22
23 (1) During
24
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Planning and Development Amendment Bill 2022
s. 6
1 (2) At the end of section 271 insert:
2
3 (2) During the extended recovery period, a person may
4 make a development application to the Commission for
5 determination under section 274 if the application is for
6 approval of significant development.
7
8 Note: The heading to amended section 271 is to read:
9 Development applications that may be made directly to
10 Commission during recovery period or extended recovery period
11 6. Section 272 amended
12 (1) After section 272(3) insert:
13
14 (3A) During the extended recovery period, the prospective
15 applicant in relation to a development application that
16 has not yet been made may notify the Minister that
17 they want the application to be determined under
18 section 274.
19 (3B) Subsection (3C) applies if the Minister --
20 (a) is notified under subsection (3A); and
21 (b) considers that the development application
22 raises issues of such State or regional
23 importance that it would be appropriate for the
24 application to be determined under section 274.
25 (3C) During the extended recovery period, the Premier, on
26 the Minister's recommendation, may refer the
27 development application to the Commission for
28 determination under section 274.
29
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Planning and Development Amendment Bill 2022
s. 7
1 (2) In section 272(4)(a) and (5) delete "the recovery period," and
2 insert:
3
4 the extended recovery period,
5
6 (3) After section 272(7) insert:
7
8 (8) Section 268A applies as if references in that section to
9 the Minister were to the Premier.
10
11 Note: The heading to amended section 272 is to read:
12 Development applications that may be referred to Commission by
13 Premier during recovery period or extended recovery period
14 7. Section 273 amended
15 In section 273(2) after "272(1)" insert:
16
17 or (3A)
18
19 8. Section 274 amended
20 (1) In section 274(1)(a) delete "272(3)" and insert:
21
22 272(3), (3C)
23
24 (2) In section 274(3) delete "period." and insert:
25
26 period or the extended recovery period.
27
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Planning and Development Amendment Bill 2022
s. 9
1 9. Section 278 amended
2 (1) At the end of section 278(3) insert:
3
4 Note for this subsection:
5 The period referred to in subsection (2) can be extended by
6 an amendment to the approval made under section 279 or
7 made by an order under section 284 -- see, in particular,
8 subsections (4) and (5) and sections 279(2)(aa) and (6A)
9 and 284(2)(aa).
10
11 (2) After section 278(3) insert:
12
13 (4) The application referred to in section 279(6A) can be
14 made or determined even if the approval has lapsed
15 under subsection (3) and, if the application is granted
16 after the approval has lapsed, the approval comes back
17 into effect accordingly when the application is granted.
18 (5) An order under section 284 may make an amendment
19 of the kind referred to in section 284(2)(aa) even if the
20 approval has lapsed under subsection (3), in which
21 event the approval comes back into effect accordingly
22 when the amendment is made.
23
24 10. Section 279 amended
25 (1) Before section 279(2)(a) insert:
26
27 (aa) for the purposes of section 278(2), to amend the
28 approval --
29 (i) to extend the period specified in the
30 approval; or
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Planning and Development Amendment Bill 2022
s. 11
1 (ii) if no period is specified in the
2 approval -- to specify a period that is
3 longer than the period of 24 months
4 referred to in section 278(2)(b);
5 or
6
7 (2) Delete section 279(4).
8 (3) After section 279(6) insert:
9
10 (6A) No more than 1 application can be made under
11 subsection (2) for an amendment of the kind referred to
12 in subsection (2)(aa) and, accordingly, the Commission
13 can make an amendment of that kind only once under
14 this section.
15
16 (4) Before section 279(7)(a) insert:
17
18 (aa) make an amendment of the kind referred to in
19 subsection (2)(aa);
20
21 11. Section 280 amended
22 (1) In section 280(1)(b) delete "a condition imposed by the
23 Commission" and insert:
24
25 any of the conditions imposed
26
27 (2) After section 280(1) insert:
28
29 (1A) In subsection (1)(a) to (c), references to the approved
30 development, the conditions imposed on the approval
31 or the approval are to the development, conditions or
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Planning and Development Amendment Bill 2022
s. 12
1 approval as amended from time to time under
2 section 279 or by an order under section 284.
3
4 12. Section 284 amended
5 Before section 284(2)(a) insert:
6
7 (aa) for the purposes of section 278(2), amend the
8 approval --
9 (i) to extend the period specified in the
10 approval; or
11 (ii) if no period is specified in the
12 approval -- to specify a period that is
13 longer than the period of 24 months
14 referred to in section 278(2)(b);
15
16 13. Part 19 heading amended
17 In the heading to Part 19 delete "for
Planning and
18 Development Amendment Act 2020".
19 14. Part 19 Division 1 heading inserted
20 At the beginning of Part 19 insert:
21
22 Division 1 -- Provisions for Planning and Development
23 Amendment Act 2020
24
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Planning and Development Amendment Bill 2022
s. 15
1 15. Part 19 Division 2 inserted
2 At the end of Part 19 insert:
3
4 Division 2 -- Provisions for Planning and Development
5 Amendment Act 2022
6 295. Amendments to development approvals
7 The amendments made by the Planning and
8 Development Amendment Act 2022 sections 9 to 12
9 apply to an approval for development whether granted
10 by the Commission before, on or after the day on
11 which those sections come into operation.
12 296. Fees
13 (1) The development applications (as defined in
14 section 269(1)) to which the Planning and
15 Development (Part 17 Fees) Notice 2020 clause 4(1)(a)
16 and (2) apply (subject to clause 4(5)) include a
17 development application (as defined in section 269(1))
18 to be determined by the Commission under section 274
19 as a result of an amendment made to Part 17 by the
20 Planning and Development Amendment Act 2022.
21 (2) The applications made under section 279(2) to which
22 the Planning and Development (Part 17 Fees)
23 Notice 2020 clause 4(1)(b) applies include an
24 application made under section 279(2) for an
25 amendment of the kind referred to in section 279(2)(aa)
26 as inserted by the Planning and Development
27 Amendment Act 2022.
28 (3) This section does not limit or otherwise affect the
29 Minister's power to amend, repeal or replace the
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Planning and Development Amendment Bill 2022
s. 15
1 Planning and Development (Part 17 Fees) Notice 2020
2 by a further notice published under section 285.
3
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